Out of status on VWP,since 2002, advice on AoS

[duluxdog 0]

Hi,all

I arrived here in 2002 on the VWP from the UK for a vacation with my online sweetheart of over a year, we fell in love at first sight and were married in june 2002 , however i did not return to the UK after the 90 days , and only now are we in a position to apply for AOS .

What forms will we need , to apply for AOS, or will i be denied this and be deported. We are very happily married and live in a small rural city where everyone knows everybody and i am accepted as a citizen in my present condition , however as you all know i cannot apply for work,DL,SSN or even a fishing licence until i am approved... Any advice from the learned people in VJ will be greatly appreciated...

Thank you.

[Jasman0717 8]

I suggest you contact an attorney. I am not sure what the USCIS will do about being out of status for over 3 years but I wouldn't think they will ignore it.

[diadromous mermaid 36]

Unlawful presence is usually forgiven when adjusting based upon a marriage to a US citizen. However, you will need to make sure you complete the adjustment before leaving the country on any account, to avoid a bar.

[ChristinaM 0]

Do NOT leave the country!!! I can't make that point clearly enough.

You will need to file I-485, I-130 and the associated paraphanalia (G-325's etc.), and you SHOULD be ok. I can't promise though. If you make an InfoPass appointment, they will give you hard copy of all the forms you will need. (I wouldn't tell them about the overstay, just that you're filing for AOS unless they specifically ask.)

Be aware that if you are denied, beings that you're adjusting from the VWP there is no recourse for appeal.

Good luck, and keep us posted.